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Old 11-02-2006, 07:29 AM   #1
Krisrocks
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I was recently in the car with my friend when she got pulled over. She failed her roadside tests. I could see in the mirror that she was failing so I grabbed all the pot and put it in my purse. As they were cuffing her for a DUI, one officer came to my side of the car and told me that they were taking her in and said that he could drive me home since it was less than a mile away and on his way. I grabbed the hanger which was holding my work uniform, my purse, a pack oof cigarettes and a lighter. The officer then thought something of me grabbing things from the car and said that he needed to search my belongings. He found the pot and I was charged with possesion of a controlled subatance and arrested. I was cuffed. At that point, one officer went to search the car, another dumped my bag to see what else he could find and the third was on his radio requesting a female officer to search me. Never was I read my rights. In the police report, they covered every detail of the situation, but nowhere do they even try to claim that I was read my rights. Do they have a case against me?
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Old 11-02-2006, 07:46 AM   #2
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Sounds like a valid arrest to me. Oftentimes, officers are required to search anyone they are transporting in their vehicle, whether or not that person has been placed under arrest. That may very well include a search of the belongings you wanted to bring. Even if that doesn't cover the officer searching you, he has the right to search the car after arresting the driver. AS for your rights not being read, contrary to popular belief, an officer doesn't have to read you your rights to arrest you. The only time they are required to read them to you is if they want to question you about something after the arrest has been made. You were unlucky, but as far as I can see, the officers did nothing wrong and the arrest was valid.
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